No real property within the city shall be
declared "blighted" within the meaning of sections 13-1101 to 13-1110
of the Nebraska Revised Statutes, 1943, as amended, without the applicant therefor paying a filing fee to the city clerk for the processing of the same
in the amount set for in
Section 2-5 of this Code.

Source: Ord. No. 3252, § 1, 9-5-84;
Ord. No. 5135, § 1, 9-7-10

Editor's note--Ord. No. 3252, § 1, adopted
September 5, 1984, did not specif­ically amend the Code, therefor codification
as § 2-3 was at the discretion of the editor.

Every four (4) years, the mayor at the first
meeting in June after his or her taking office shall appoint all city
officers, and department and division heads as is required by law or the
ordinances of the city.

Category 1 group shall mean a group
physically located or having its principal place of business physically
located within the city and its zoning jurisdiction.

Category 2 group shall mean a group
physically located or having its principal place of business physically
located outside of the city and its zoning jurisdiction.

In the event the description of any fee
appearing in the Schedule of Fees in subsection (b) is inconsistent with the
wording of the corresponding Code section, the wording in the Code section
shall be deemed to control.

First time issuance of State of Nebraska electrical
contractor, Class B electrical contractor, Class A master electrician,
Class B master electrician, special electrician, or a fire alarm
installer's 1 year license.

First time issuance of State of Nebraska electrical
contractor, Class B electrical contractor, Class A master electrician,
Class B master electrician, special electrician, or a fire alarm
installer's 2 year license.

Normal charge, per 1,000,000 gallons, for wastewater of
greater strength than normal domestic sewage where BOD is equal or less
than 300mg/L, TSS is equal or less than 300mg/L, and TKN is equal to or
less than 40 mg/L.

Whenever provisions of the Nebraska Revised
Statutes or this Code provide for an elected or appointed official of the city
to give bond or surety for the faithful performance of their duties, insurance
in the amount of the required bond or surety shall satisfy the stated bond or
surety requirement.

ARTICLE II. COUNCIL*

The city council shall hold its regular meetings
on the 1st and 3rd Mondays of each and every month at a time to be established
by resolution of the mayor and city council. If the day fixed for any regular meeting of the council falls upon
any day designated by law as a legal or national hol­iday, such meeting shall
be held the same hour on the next suc­ceeding day not a holiday. Regular meeting of the council shall be held
in the council chambers, provided, that the council may ad­journ any
meeting to such other place as it may deem necessary, desirable or convenient
for holding of its meeting; provided fur­ther, that if such meeting is
adjourned to some other place, notice of the place the meeting is being held
shall be affixed to the door of the council chamber.

Source: Ord. No. 2992, § 1, 6-1-81; Ord. No. 5039,
§ 1, 10-20-08

State law
reference--Authority
to determine time, date, etc., of regular meetings, R.R.S. 1943, § 16-401.

The mayor shall call special meetings of the
council whenever, in his or her opinion, the public business may require it, or at the
ex­press request of any five (5) members of the council. Whenever a special meeting shall be called,
a notice in writing signed by the mayor or president of the council shall be
delivered to each member either in person or by notice left at or mailed to
their place of residence, stating the day and hour of the special meeting; pro­vided,
that such notice may be waived in writing either at, before or after such
meeting by any member of the council and the at­tendance of any member of the
council at such special meeting shall be deemed to be a waiver of any such
notice.

All reports, communications, ordinances,
resolutions, contract documents or other matters to be submitted to the city
council shall be submitted to the city administrator whereupon the city administrator shall
create an agenda setting forth the order of business and furnish the mayor, each member
of the city council, the city clerk, and the city attorney with a copy of the
same prior to the city council meeting and as far in advance of the meeting as
time for preparation will permit. None
of the foregoing matters shall be presented to the city council by
administrative officials, except those of an urgent or emergency nature, and
the same, when so presented, shall have been approved by the city admin­istrator
prior to its presentation. Any member
of the city council may bring before the city council any matter, although not
on said agenda, which complies with the Nebraska Open Meetings Law and which
concerns a matter of an emergency nature.

The presiding officer of the city council shall
be the mayor, or in his or her absence, the president of the council. The presiding officer shall preserve strict
order and decorum at all regular and special meetings of the council. He or she shall state every question coming before
the council on all subjects and decide all questions of order, subject however,
to an appeal to the council, in which event a majority vote of the council
shall govern and conclusively deter­mine such question of order. Such appeal shall be immediately presented
and voted upon by the council. The
mayor shall vote only as prescribed by the statutes of the state; however, if
the presiding officer is the president of the council or some other member of
the council in his or her absence, said council member shall retain his or her right to vote
on any matter coming before the council.
The mayor or other presiding officer shall sign all ordinances and
resolutions adopted by the council during his or her presence.

(a) The
city council shall elect at its first meeting in December of each even numbered
calendar year one (1) of its members as president of the city council and he or
she shall preside at all meetings of the city council in the absence of the
mayor.

(b) In
the absence of the president of the city council, the council shall elect one
(1) of its members to occupy the place temporarily, who shall be designated as
acting president of the city council.
The president and acting president of the city council, when oc­cupying
the place of mayor, shall have the same privileges as other members of the city
council; and all acts of the president or acting president of the city council
while so acting shall be as binding upon the city council and upon the city as
if done by the mayor.

(c) The
president of the city council is hereby empowered to be the city's representative
on the Nebraska League of Municipali­ties' Legislative Committee or in the
alternative to appoint from the city council the city's representative to said
committee with the approval of the city council. The term of the president of the city council or his or her
appointee on said committee shall be co-terminus with the office of the
president of the city council as provided herein.

(d) The
president of the city council shall, at the next regular city council meeting
following his or her election, appoint the members of the city council to the
city council's standing subcommittees as set forth in Section 2-21.l(a) of this
Code. The president of the city
council's appointments to the city council's standing subcommittees shall be
co-terminus with the office of the president of the city council as provided
herein.

The mayor, or in his or her absence the president of
the council, shall take the chair precisely at the hour appointed for the
council meeting, and shall immediately call the city council meeting to
order. In the absence of the mayor or
president of the council, the city clerk or his or her deputy shall call the council
meeting to order, whereupon a temporary presiding officer shall be elected by
the members of the council present.
Upon the arrival of the mayor or president of the council, the temporary
presiding officer shall immediately relinquish the chair upon the conclusion of
the busi­ness immediately before the council.

Before proceeding with the business of the city
council, the city clerk or his or her deputy shall call the roll of the members of the
council, and the names of those present shall be entered in the minutes.

A majority of all the members of the city
council shall consti­tute a quorum at any regular or special meeting of the
council. In the absence of a quorum, a
smaller number may adjourn from time to time and may compel the attendance of
the absent mem­bers.

All meetings of the city
council shall be open to the public.
Promptly at the hour set by this Code on the day of each regular
meeting, the mayor, members of the city council, city clerk, city
administrator, and city attorney or their assistants, shall take their place in
the council chambers, and the business of the city council shall be taken up
pursuant to an agenda created by the city administrator.

Unless a reading of the minutes of a city council meeting
is requested by a member of the council, such minutes may be ap­proved without
reading if the city clerk has previously furnished each member with a synopsis
thereof.

Unless otherwise specified or unless changed by a specific
pro­vision of this ordinance, the city council shall be governed in matters of
procedure by the most current revision of "Robert's Rules of
Order."

(a) The
presiding officer may debate any matter coming before the council. The member of the city council as may be
presiding in the absence of the mayor, may move, second, debate and vote from
the chair, subject only to such limitations of debate as are imposed by these
rules on all members, and shall not be deprived of any of the rights and
privileges of a councilman by reason of his acting as presiding officer.

(b) Every
member desiring to speak shall address the chair, and upon recognition by the
presiding officer, shall confine him­self to the question under debate,
avoiding all personalities and indecorous language.

(c) A
member once recognized, shall not be interrupted when speaking, unless it is to
call him to order or as otherwise provided in this article. If a member, while speaking, is called to
order, he shall cease speaking until the question of order is determined, and
if in order, he shall be permitted to proceed.

(d) A
member having the floor shall yield the same for a point of order addressed to
the chair, a question of personal privilege raised by any member and an inquiry
for information addressed to the chair.
He may, upon request of any other member, temporarily yield the floor
for any interrogation or a statement by any member, at the conclusion of which
he will again be entitled to the floor.

(e) The
council may, by general rule, limit debate or discussion on any matter, or may,
by motion adopted at the time, limit debate or discussion on any particular
subject or motion, and may by majority of the members present, extend any such
limit.

(f) The
councilman moving the adoption of an ordinance or resolution shall have the
privilege of closing the debate.

(g) A
motion to reconsider any action taken by the council may be made only on the
day such action was taken. It may be
made either immediately during the same meeting or at a recessed or adjourned
meeting thereof. Such motion must be made by one (1) of the prevailing side, but
may be seconded by any member, and may be made at any time and have precedence
over all other motions or while a member has the floor and it shall be debatable. Nothing in this subsection shall be
construed to prevent any member of the council from making or remaking the same
or any other motion at a subsequent meeting of the council.

(h) A
councilman may request, through the mayor, the privi­lege of having a
transcript of his statement on any subject under consideration by the council
entered in the minutes.

(a) The presiding
officer of the city council shall provide oppor­tunity during council meetings
for discussion by interested per­sons or their authorized representatives on
any council agenda item prior to final action thereof; provided, that a
preference shall be given to any person who, at least three (3) days prior to
the council meeting, shall have requested opportunity for discussion by notice
directed to the city clerk.

(b)
Any person may direct a written communication to the city council on any matter
concerning the city's business by directing the communication to the city
council through the mayor, city administrator or city clerk. Any such
written communication may be referred to a subcommittee or may be placed on the agenda of a
city council meeting as deemed appropriate under the order of business
enti­tled "Special presentations."

(c) After
a motion is made in the city council, the presiding officer shall govern the
discussion and/or debate on the issue or subject.

(d) The
presiding officer shall, from time to time, make such rules as he may deem
necessary to fulfill and carry out the intent of the provisions of this
section.

Each person addressing the city council shall
step up to the podium, sign the register, state his or her name for the record,
and unless further time is granted by the council, limit his or her address to
five (5) minutes in length. All remarks
shall be addressed to the council as a body and not to any member thereof. No person, other than the council and the
person having the floor, shall be permitted to enter into any discussion, either
directly or through a member of the council, without the permission of the
mayor or presiding officer.

Editor's note--Sections 2 and 3 of Ord. No. 3109, enacted Nov. 15, 1982, amended §§
17 and 18 of Ord. No. 2992, enacted
June 1, 1981, to read as set out in § 2-21.1(a), (b) and (c), (d),
respectively; designation of said amended section as § 2-21.1 was at the
editor's discretion.

(a) The
city attorney shall, on the request of the mayor, city council or any member
thereof, city administrator or de­partment or division head, prepare any
ordinance or resolution.

(b) Before
any ordinance or resolution shall be finally adopted, the city attorney or his
authorized assistant shall endorse thereon his approval as to form. Before any bond, contract or other legal
document binding the city shall be presented to the council for final approval,
the city attorney or his authorized assistant shall approve the same as to its
form and shall endorse such approval thereon.

(c) Any
ordinance, except those containing an emergency clause, relating to the duties,
powers, and functions of any administra­tive department, division or office, or
affecting in any substantial manner the administration of the city government
shall, on first reading, be referred by the presiding officer to the city
adminis­trator for his report and recommendation thereon.

(a) Ordinances,
resolutions and other matters or subjects requiring action by the council may
be introduced and spon­sored by any member of the council and by no other
person; provided, that the city administrator or the city attorney may present
ordinances, resolutions and other matters or subjects to the council, and any
councilman may assume sponsorship thereof by introducing the same and moving
its adoption; otherwise, such matters shall not be considered by the council.

(b) Upon
its introduction, each ordinance shall be put upon its first reading, whereupon
the presiding officer shall first open it up for discussion from the public and
thereafter for discussion by the council.
After terminating the discussion as provided herein, the ordinance may
be:

(1) Amended by appropriate motion, second and majority vote of
the council; and/or

(2) Advanced to second reading by appropriate motion, second and
majority vote of the council; or

(3) Passed on all three (3) readings by an appropriate motion
suspending the statutory rules requiring three (3) readings, second and a
three-fourths vote of the council.

(c) Any
ordinance which shall have had its first reading shall be taken up by the city
council at its next regular meeting and shall be read the second time,
whereupon the presiding officer, after its introduction on second reading,
shall open it up for dis­cussion first from the public and then by the city
council. After terminating the discussion
on second reading as provided herein, the ordinance may be:

(1) Amended by appropriate motion, second and majority vote of
the city council and referred to the city attorney pur­suant to subsection (e)
below; and/or

(2) Passed on second reading and advanced to third reading by
majority vote of the city council; or

(3) Passed on second reading, and by appropriate motion, second,
and a three-fourths vote of the city council, suspend the rules and pass the
same on third reading.

(d) Any
ordinance which shall have had its first and second readings shall be taken up
by the city council at its next regular meeting and shall be read for a third
time, whereupon the pre­siding officer shall call for the introduction of the
ordinance and without further discussion or debate from the public or the city
council, the city council shall vote on the same.

(e) If
any ordinance shall have been amended upon its second reading or on prior
consideration thereof by the council, it shall be referred to the city attorney
for approval as to form as amended before it comes on for third reading; and if
the amendment shall constitute a change in substance, the ordi­nance, as
amended, shall be filed in the office of the city clerk for at least one
additional week, and opportunity afforded for a further public hearing, after
which third reading of the ordinance may be had.

(f) No
ordinance except those making appropriations and those codifying and
rearranging existing ordinances, shall relate to more than one subject, which shall
be clearly ex­pressed in the title thereof; and no ordinance or section
thereof or section of the revised ordinances of the city shall be amended or
repealed unless the amending ordinance refers to the ordi­nance, section
thereof or section of the revised ordinances by number sufficient to identify
the items to be repealed or amended.

(g) All
ordinances to be adopted must be advanced and passed on all three (3) readings,
except in the case where by appropriate motion, second and a three-fourths vote
of the council the statutory rules requiring three (3) readings are
suspended. If an ordinance is not
advanced to either second or third reading, a motion to kill or to table the
ordinance would be in order, and after an appropriate motion thereto, second
and majority vote of the council, the ordinance would be deemed tor have died
or have been tabled.

(h) Any
resolution may be passed at the meeting at which it is introduced.

(i) All
ordinances and resolutions shall be deemed to have died on the table when they
shall have been tabled or referred to any committee of the city council or to
the administration, and no formal action shall have been taken upon such
ordinance or res­olution prior to the next succeeding formal organizational
meeting of the city council as provided in section 2-17.1.5 of this Code. The city clerk shall expunge from the
records all such ordinances and resolutions not acted upon prior to the time of
the formal organi­zational meeting of the city council as set forth above.

All committees of the city shall make their
reports in writing when so directed by the presiding officer. All reports so made shall be filed with the
city clerk and entered on the minutes of the city council.

The mayor shall have the power to approve or
veto any ordi­nance passed by the city council, and to approve or veto any
order, bylaw, resolution, award or vote to enter into any contract, or the
allowance of any claim; provided, that the mayor shall exercise his or her
right to veto any such item as set forth above by notifying the city clerk of
such action within seven (7) calen­dar days of the city council meeting where
such item was ap­proved. The city clerk
shall notify the city council in writing of the mayor's veto within twenty-four
(24) hours of being so noti­fied by the mayor.
Any such ordinance, order, bylaw, resolution, award or vote to enter into
any contract, or the allowance of any claim vetoes by the mayor, may be passed
over his veto by a vote of two-thirds of all members of city council,
notwithstanding his or her veto. If the
mayor neglects or refuses to sign any ordi­nance, order, bylaw, resolution,
award or vote to enter into any contract, or the allowance of any claim, and
returns the same with his objection in writing at the next regular meeting of
the city council, the same shall become law without his or her signa­ture. The mayor may veto, as set forth above, any
item or items of any appropriation bill, and approve the remainder thereof, and
the item or items so vetoed may be passed by the city council over the veto as
in other cases.

Source: Ord. No. 3298, § 1, 4-1-85

Editor's note--Ord. No. 3298, § 1, adopted April 1, 1985, did not specifically amend
the Code; therefore, codification as § 2-25 was at the discretion of the
editor.

(a) In
the case of a vacancy in the office of mayor, the president of the council
shall serve as mayor for the unexpired term, except that if at least one-half
of the previous mayor's term remains and a general election is to be held more
than sixty (60) days from the date of the vacancy, a successor shall be elected
at the next general election for the balance of the previous mayor's unex­pired
term under the following terms and conditions:

(1) If, before a primary election, there shall be a vacancy on
account of death or declination of the mayor after the time for filing and
before the primary election, such vacancy can only be filled by a petition
candidate after the primary election.
Petition signers and petition circulators shall con­form to the
requirements of section 32-713 of the Nebraska Revised Statutes, 1943, as
amended.

(2) If, after a primary election, there shall, through any cause
whatsoever, be a vacancy in the office of mayor, such va­cancy shall be filled
by filing petitions with the Madison County clerk no later than seventy (70)
days prior to the general election.

a. Said petitions shall conform to the requirements of section
32-4, 156 of the Nebraska Revised Statutes, 1943, as amended, and shall show
the name, address of the candidate, the office to be filled, and the signa­tures,
printed names, and addresses of the qualified, registered signers, the truth of
which must be sworn to by the circulator thereof.

b. Said petitions must bear the signatures of at least five (5)
per cent of the total number of registered voters voting for governor or
president in the preceding gen­eral election in the City of Norfolk. In no event shall the total number of
signatures required exceed seven hundred fifty (750).

c. Accompanying each petition shall be a receipt from the
Madison County treasurer for the sum which would have been required had the
candidate filed before the primary election.
Within five (5) days after all peti­tions have been filed with the
Madison County clerk, each candidate shall file a written statement of accep­tance
with the Madison County clerk.

(3) Candidates placed on the ballot by petitions shall be termed
candidates by petition, and upon the ballot upon which their names are printed
shall be printed after each name the words "By Petition."

(4) The names of the candidates shall rotate as provided in
section 32-424(2) of the Nebraska Revised Statutes, 1943, as amended.

(5) The candidate receiving the highest number of votes in the
general election shall be declared the winner and serve as mayor for the
remainder of the previous mayor's unexpired term.

(b) In
the case of a vacancy in the office of city councilman, such vacancy shall be
filled by the mayor with the consent and approval of the city council for the
previous councilman's unex­pired term as follows:

(1) Notice of such vacancy, except that
resulting from the death of a councilman, shall be in writing and presented to
the city council at a regular meeting of the council and shall appear as part
of the minutes of such meeting.

(2) The city council shall at once give
public notice of the vacancy by causing a notice to be published in a newspa­per
of general circulation within the city or by posting in three (3) public places
in the city setting forth the city council vacancy by ward number and the
length of the unexpired term.

(3) Persons from the city ward in which the
vacancy exists interested in being considered for the filling of said va­cancy
shall within seven (7) days after the regular meeting at which said notice of
vacancy was presented or upon the death of a councilman, file with the city
administrator a written statement of his or her intention to be considered
along with a personal resume.

(4) The mayor and city council shall be
entitled to personally interview any and all interested persons who have
applied to fill said vacancy prior to the time of the special meeting required
to be called under subsection (5) below.

(5) The mayor shall within two (2) weeks
after the regular meeting at which said notice of vacancy was presented or upon
the death of a councilman, call a special meeting of the city council at which
time the mayor shall submit the name of a qualified elector of the city ward in
which the vacancy exists to fill the vacancy for the balance of the unexpired
term. The city council shall vote upon
said nom­inee and if a majority of the city council shall vote in favor of said
nominee, the vacancy shall be declared filled for the remainder of the
unexpired term. If a majority vote of
the city council is not reached, the nomination shall be re­jected and the
mayor shall at the next regular meeting of the city council submit the name of
another qualified elec­tor from the city ward in which the vacancy exists to
fill the vacancy for the unexpired term.
If the vote on the nominee fails to carry by a majority vote of the city
coun­cil, the mayor shall continue to submit names of qualified electors in
nomination and the city council shall continue to vote upon said nominations
until a qualified elector receives a majority vote of the city council, at
which time said vacancy shall be declared filled for the remainder of the unexpired
term. The mayor shall vote on a nominee
only in a case of a tie vote of the city council on the nominee. All city council members present shall cast
a ballot for or against the nominee.

(6) The mayor and city council may, in lieu
of filling a va­cancy as provided herein, call a special municipal election to
fill a vacancy in the office of city councilman.

Source: Ord. No. 3402, § § 1, 2, 5-5-86

Editor's note--Ord. No. 3402, § § 1, 2, adopted May 5, 1986, did not
specifically amend the Code; therefor, inclusion as § 2-26 was at the
discretion of the editor.

ARTICLE III. FINANCIAL
AFFAIRS*

The
treasurer shall deposit and at all times keep on deposit, for safekeeping,
operating accounts in state or national banks, of approved and responsible
standing, all money collected, received or held by said treasurer. Such deposits shall be kept in interest-bearing
accounts at the maximum allowable interest rate avail­able on such accounts.

The
treasurer shall keep all funds determined to be surplus invested in such
investments as allowed by the laws of the State of Nebraska in state or
national banks of approved and responsible standing or as authorized by law,
for such lengths of time and at such rates of interest as the treasurer
determines to be most advantageous to the city; provided, that nothing in this
section shall authorize the treasurer to place funds in any state or national
bank in excess of the limitations provided by the laws of the State of
Nebraska.

(a) All
revenue collections from the imposition of the original one percent sales
and use tax effective April 1, 1985 on affected
transactions within the corporate limits of the City of Norfolk and any interest accruing on the same,
shall be used only for property tax relief purposes.

(b) To ensure compliance with subsection (a) above, the mayor and city council shall
appoint a five (5) member property tax relief assurance committee which shall
review and audit the use of sales and use tax revenue collections and annually
report its findings in a newspaper of general circulation in Madison Coun­ty,
Nebraska. The committee shall be appointed by the mayor with the approval
of the city at large and one member of each from each of the city's four (4)
city council wards. At least one member of the committee shall be a certified public
accountant (CPA). The term of office of each committee person shall be
three (3) years.

(a) There
is hereby adopted pursuant to the provisions of sec­tions 77-2701 to 77-27,135
N.R.S. 1943, known as the Nebraska Revenue Act of 1967, and sections 77-27,142
to 77-27,148 N.R.S. 1943, known as the Local Option Revenue Act of 1969, a
sales and use tax effective on and after April 1, 1985, of one per cent upon
the same transactions within the corporate limits of the City of Norfolk,
Madison County, Nebraska, as the same may from time to time be extended, on
which the State of Nebraska is authorized to impose a tax pursuant to
the provisions of the aforementioned statutes of the State of Nebraska as the
same may from time to time be amended.

(b) The
administration of the sales and use tax imposed by this section, the making of
returns for the ascertainment and assess­ment, the provisions for tax claims
and remedies, the laws gov­erning consummation of sales, penalties and collection,
and for the disposition and distribution of the taxes so imposed and collected
shall be as provided by sections 77-27,142 to 77-27,148 N.R.S. 1943, as
amended, sections 77-2701 to 77-27,135 N.R.S. 1943, as amended, and Ordinance
No. 3240 of the City of Norfolk, as enacted by the approval of the electors of
the City of Norfolk, Nebraska, at the general election held on November 6, 1984.

(c)
That pursuant to the approval of the electors of the City of Norfolk, Nebraska,
at the special election held on October 1, 2002, there is hereby adopted
pursuant to the provisions of Sections 77-2701 to 77-27,135.01 and Section
77-27,222 of the Nebraska Revised Statutes, known as the Nebraska Revenue Act of
1967, and Sections 77-27,142 to 77-27,148, of the Nebraska Revised Statutes
known as the Local Option Revenue Act of 1969, a Sales and Use Tax effective on
and after January 1, 2003, of an additional one-half of one percent (0.5%) upon
the same transactions within the corporate limits of the City of Norfolk,
Madison County, Nebraska, as the same may from time to time be extended, on
which the State of Nebraska is authorized to impose a tax pursuant to the
provisions of the aforementioned statutes of the State of Nebraska as the same
may from time to time be amended.

(d)
That the administration of the Sales and Use Tax imposed by this Ordinance, the
making of returns for the ascertainment and assessment, the provisions for tax
claims and remedies, the laws governing consummation of sales, penalties and
collection, and for the disposition and distribution of the taxes so imposed and
collected shall be as provided by the Local Option Revenue Act, as amended, and
the Nebraska Revenue Act of 1967, as amended.

Editor's note--Ord. No. 3270, §§ 1, 2, adopted
November 19, 1984, did not specifically amend the Code; therefore codification
as § 2-34 was at the discretion of the editor.
The sales and use tax was approved at a general election held November
6, 1984. Ord. No. 3240 as referred to in § 2-34(b) is set out herein as § 2-33.

The mayor and city council hereby establish by
ordinance a budgetary policy to provide sound fiscal management for the city by
providing that the beginning general fund balance plus bud­geted revenues for
each fiscal year shall exceed the budgeted expenditures for that fiscal year by
not less than one million dollars ($1,000,000.00), unless otherwise established
by the mayor and city council.

Source: Ord. No. 3577, § 1, 8-15-88

Editor's note--Ord. No. 3577, § 1, adopted Aug. 15,
1988, did not specifically amend the Code, hence inclusion herein as § 2-36 was
at the discretion of the editor.

(a) There
is hereby established the separate office of city clerk. In the absence of the city clerk, the
secretary to the city clerk shall be the acting city clerk with the power to
execute and affix the city seal to documents signed by the mayor and to certify
documents in the city clerk's office as true and correct copies.

(b) There
is hereby established the separate office of city trea­surer.

There is hereby established the position of
city attorney. The city attorney shall
render advisory opinions if a written request for such an opinion has been made
by the council, or any member thereof desiring the same, setting out in
ordinary clear and con­cise language, the question upon which the opinion is
desired. The clerk shall preserve for
permanent record all such written requests for written opinions and all written
opinions given.

Source: Code 1962, §§ 1-11-1, 1-11-2

State law
references--Appointment
of city attorney, R.R.S. 1943, 16-308, 16-309; functions of city attorney,
R.R.S. 1943, 16-319.

The purpose of the office of city administrator is to
provide for the centralization of the administrative responsibilities of all
affairs of the city which are under the direction of the mayor and
council.

The city administrator shall be chosen solely on the basis
of his or her executive and administrative qualifications with special reference to
his or her actual experience, or knowledge of, accepted practice in respect to
the duties of his or her office.

Source: Ord. No. 2900, § 4, 8-4-80; Ord.
No. 5175, § 1, 8-15-11

State law reference--Appointment of administrator,
R.R.S. 1943, 16-308, 16-309.

The city administrator shall have on file with the city
clerk a bond in favor for the city for the faithful performance of his duties
and responsibilities in the amount fixed by ordinance. The premium for such bond shall be a city
expense.

In the event the city administrator shall be absent from
the city, the city administrator shall designate an acting city admin­istrator
from the city's department and division heads to act in his or her place. In the event the city administrator's
position shall become vacant, the mayor with the approval of the city council
shall appoint an acting city administrator until such time as a permanent city
administrator shall be hired to fill the va­cancy. In any event, pursuant to section 16-308 N.R.S. 1943, as amended,
the office of city administrator may not be held by the mayor.

The city administrator shall be the administrative head of
the city government under the direction and control of the mayor and council
and shall be responsible to the governing body for the efficient conduct of his
or her
office. The city adminis­trator shall
be responsible to see that all the ordinances of the city are faithfully
executed. In addition to the general
author­ity as administrative head, and not as a limitation thereof, it shall be
the duty of the city administrator:

(a) To attend all meetings of the city council with the duty of
reporting any matter concerning city affairs under his or her supervision and
direction; and to attend such other meetings of departments and officials as
his or her duties may require, or as may be directed by the mayor and council.

(b) To make investigations into all of the affairs of the city
and to make recommendations to the mayor and council for the adoption of such
measures and ordi­nances as are deemed necessary or expedient for the good
government of the city.

(c) To supervise and analyze the functions, duties and activities
of the various departments, divisions and services of the city and of all
employees thereof, and to make recommendations regarding the same to the mayor
and council; and to faithfully carry out the directives and recommendations of
the mayor and coun­cil in coordinating the administrative functions and
operations of the various departments, divisions and services.

(d) Reserved.

(e) To keep the mayor and council fully advised as to the
financial condition of the city and its needs, and he or she shall be responsible for
the preparation of the annual estimates of revenues and expenditures of a proposed
budget for the presentation of a complete financial plan for the city to the
mayor and council prior to the consideration and adoption of the annual
appropriations ordinance by the governing body. With the adoption of the budget and the passage of the
appropriations ordinance by the governing body, the city administrator shall be
responsible for the supervision and control of the budget expenditures.

(f) To prepare and submit to the mayor and council as of the end
of the fiscal year, a complete report on the finances and administrative
activities of the city for the preceding year.

(g) To recommend to the mayor and council the appoint­ment and dismissal of all
department or division heads over which he or she exercises direct supervision
who are not subject to the Civil Service Act
except for those positions requiring mayoral appointment pursuant to Nebraska
Statute. The
administrator is responsible for the appointment and dismissal of all other
division heads and all
subordinate employees in the departments, divisions, and services over which he
or she
exercises jurisdiction ac­cording to the limitations and provisions of the city
civil service laws. He or she may also provide for the transfer of such employees
within such departments, divisions and services to meet the varying workload of
the various departments and divisions.

(h) To serve as public relations officer of the city govern­ment;
to endeavor to investigate and adjust all com­plaints made or filed against the
city government or against any department, division, service, officer, or
employee thereof; and to cooperate with all community organizations whose aim
and purpose is to advance the best interests of the city and its citizens.

(i) To perform such other duties and exercise such other powers
as may be required by ordinance, or prescribed by resolution of the mayor and
council.

The city administrator shall work within the policies set
forth by the mayor and council. The
city administrator shall deal with the mayor and council as a body. All official city affairs and all reports
shall be provided to the mayor and council.

The mayor and council reserve the right to make inquiries
of any personnel relative to municipal activities. Except for purposes of inquiry, the city council shall deal with
the administrative services of the city through the administrator and neither
the council nor members thereof shall give orders directly to any subordinate
of the city administrator.

The city administrator shall not participate in a
local election that affects the offices of mayor, city councilman, or any other
elective municipal position, except for the casting of an individual ballot.

It is the policy of the city that the proper operation of
demo­cratic government requires that public officials and employees be
independent, impartial and responsible to the people; that gov­ernmental
decisions and policy be made in proper channels of the governmental structure;
that public office not be used for per­sonal gain; and that the public have
confidence in the integrity of its government.
In recognition of these goals, a code of ethics for all city officials
and employees is adopted.

This code has four (4) purposes: (1) to encourage high
ethical standards in official conduct by city officials and employees; (2) to
establish guidelines for ethical standards of conduct for all such officials
and employees by setting forth those acts or actions that are incompatible with
the best interests of the city; (3) to require disclosure by such officials and
employees of private financial or other interests in matters affecting the city;
and (4) to serve as a basis for disciplining those who fail to abide by its
terms.

The provisions of this chapter shall not apply to political
con­tributions, loans, expenditures, reports or regulation of political
campaigns or the conduct of candidates in such campaigns.

The city council may adopt, amend, and rescind rules of
proce­dure to carry out the provisions of this chapter. Such rules shall be consistent with this
chapter and other applicable law.

When used in this chapter, the following terms shall have
the following meanings:

Affected in the case
of a person, entity or property means rea­sonably likely to be subject to a
direct economic effect or conse­quence, either positive or negative, as a
result of the vote or decision in question.
For instance, a person or entity owning real property, entering into a
contract with the city, or seeking a permit or franchise is
"affected" by votes or decisions such as zoning of the property,
approval of the contract, or granting of the permit. "Affected" does not include those persons or entities
who are subject to an indirect or secondary effect from official action. Cred­itors, independent contractors, or
guarantors of a person "affected" by a vote or decision are not also
deemed to be "affected" by virtue of their relationship with the
affected person. The vote or decision
need not be the only producing cause of the economic effect or consequence
reasonably likely to result. In
determining whether a person, entity or property is or was "affected
by" a vote or decision, it shall not be necessary to prove the actual
existence or occurrence of an economic effect or consequence if such effect or
consequence would be reasonably expected to exist or occur. Ad­ditionally, a vote or decision to place a
matter on a ballot is deemed to affect a person, entity or property to the same
extent that the results of the election would effect the person, entity or
property.

Business interest or business with which the individual is
associated means a business: (1) in which
the individual is a partner, director, officer; or (2) in which the individual
or a member of the individual's immediate family is a stockholder of closed
corpora­tion stock worth one thousand dollars ($1,000) or more at fair market
value or which represents more than a five (5) per cent equity interest, or is
a stockholder of publicly traded stock worth ten thousand dollars ($10,000) or
more at fair market value or which represents more than ten (10) per cent
equity interest. This definition does
not include an individual retained or otherwise employed by a client when the
employment creates a confidential professional relationship protected by law, unless
that individual is a regularly salaried employee for whom the business
withholds income tax or pays social security.
A partnership or professional corporation whose officers, directors or
employees occupy a confi­dential professional relationship protected by law is
also not in­cluded. This definition
shall not apply to publicly traded stock under a trading account if the
official reports the name and ad­dress of the stockbroker.

City employee or employee
means any person employed by the City of Norfolk, but does not include
independent contractors hired by the city.

City official or official,
unless otherwise expressly defined, means the mayor, members of the city
council, city administrator, all
division and department heads, whether such person is salaried, hired or
elected, and all other persons holding appointed positions desig­nated by the
City Code, as it may be amended from time to time. City official also includes individuals appointed by the mayor
and city council to all city commissions, committees, boards, task forces, or
other city bodies unless specifically exempted from this chapter by the city
council.

Decision means any
ordinance, resolution, contract, franchise, formal action or other matter voted
on by the city council or other city board or commission, as well as the
discussions or delibera­tions of the council, board or commission which can or
may lead to a vote or formal action by that body. A "decision" of a city employee means any action in
which the employee exercises dis­cretionary authority, including but not
limited to the issuance of permits, imposition or collection of fines or fees,
authorizations for expenditures, and other non-ministerial acts.

Discretionary authority means
the power to exercise any judg­ment in a decision or action.

Entity means a sole
proprietorship, partnership, limited part­nership, firm, corporation,
professional corporation, holding com­pany, joint stock company, receivership,
trust or any other entity recognized by law through which business may be
conducted.

Interest in real property means an interest in real property in­volving either an equitable or
legal ownership interest regardless of value.

Ministerial act means
an act performed in a prescribed manner and not requiring the exercise of any
judgment or discretion.

Other interests. If a city official or employee with regard
to a partnership, professional corporation or other entity's interest in a
client, has personally acted within the preceding six (6) months in a
professional or fiduciary capacity for the client.

(a) No
city official or employee shall transact any business in his official capacity
with any entity in which he has a business interest.

(b) No
city official or employee shall formally appear before the body of which the
official or employee is a member while acting as an advocate for himself or any
other person, group, or entity.

(c) No
elected city official or employee shall represent, for com­pensation, any other
private person, group or entity before any department, commission, board or
committee of the city.

(d) No
city official or employee shall represent, directly or in­directly, any other
private person, group or entity in any action or proceeding directly against
the interests of the city, or in any litigation in which the city or any department,
commission, or board or committee thereof is a named party; provided, however,
nothing herein shall limit an official from representing a court appointed
criminal defendant or representing a party to a civil action where the city is
named a party by way of its holding a lien interest for a special assessment
where the validity of the special assessment is not an issue; and provided
further, that nothing herein shall limit the authority of the city attorney and
his staff to represent the city, its boards, commissions, committees and
officers in the discharge of their duties.

(e) No
city official or employee shall represent, directly or in­directly, any private
person, group or entity in any action or proceeding in court which was
instituted by a city official or em­ployee in the course of official duties,
except as provided in sub­section (d) above.

(f) No
city official shall represent any private person, group or entity in any action
or proceeding in court which was instituted by or arising from a decision of a
board, commission, committee, task force or other body on which the official
serves.

(g) No
city official or employee shall accept or solicit any gift or favor, that might
reasonably tend to influence that individual in the discharge of official
duties or that the official or employee knows or should know has been offered
with the intent to influ­ence or reward official conduct.

(h)

(1) No city official or
employee shall solicit or accept other employment to be performed or
compensation to be received while still a city official or employee, if the
employment or compensation could reasonably be expected to impair independence
in judgment or perfor­mance of city duties.

(2) If a city official or employee accepts or is soliciting a
promise of future employment from any person or en­tity who has a substantial
interest in a person, entity or property which would be affected by any decision
upon which the official or employee might reasonably be expected to act,
investigate, advise, or make a rec­ommendation, the official or employee shall
disclose that fact to the council, board or commission on which he serves or to
his supervisor and shall take no further action on matters regarding the
potential future em­ployer.

(i) No
city official or employee shall use his official position to secure a special
privilege or exemption for himself or others, or to secure confidential
information for any purpose other than offi­cial responsibilities.

(j) No
city official or employee shall use city facilities, per­sonnel, equipment or
supplies for private purposes, except to the extent such are lawfully available
to the public.

(k) City
officials and employees shall not exceed their au­thority or breach the law or
ask others to do so and they should work in full cooperation with other public
officials and employees unless prohibited from so doing by law or officially
recognized confidentiality of their work.

(l) No
city official or employee in the course of his official duties shall grant any
special consideration, treatment, or advantage to any citizen beyond that which
is available to every other citizen in the same circumstances.

(m) Preferential
consideration of the request or petition of any individual citizen or group of
citizens shall not be given. No person
shall receive special advantages beyond that which are available to any other
citizen.

A city official or employee may not participate
in a vote or decision on a matter affecting a person, entity, or property in
which the business which the official or employee is associated is
involved. Where the interest of a city
official or employee in the subject matter of a vote or decision is remote or
incidental, the city official or employee may participate in the vote or
decision and need not disclose the interest.

Remote interest means an interest of a person or entity, in­cluding a city
official or employee, who would be affected in the same way as the general
public. The interest of a
council-member in the property tax rate, general city fees, city utility
charges, or a comprehensive zoning ordinance or similar decisions is inci­dental
to the extent that the council member would be affected in common with the
general public.

Incidental interest means an interest in a person, entity or prop­erty which
has insignificant value, or which would be affected only in a de minimis
fashion by a decision. This chapter
does not establish dollar limits on the terms "insignificant value"
and "de minimis," which shall have their usual meanings and be
subject to interpretation on a case by case basis.

(a) A
city official shall disclose the existence of any business with which the
official is associated involving a person, entity or property which would be
affected by a vote or decision of the body of which the city official is a
member or that he serves as a corporate officer or member of the board of
directors of a non­profit entity for which a vote or decision regarding funding
by or through the city is being considered.
City officials and employees of the city shall comply with applicable
provisions of state law relative to conflicts of interest and generally
regulating the con­duct of public officials or employees.

(b) To
comply with this section, any council member who has a conflict of interest, as
set forth in subparagraph (a) above, in any matter before the city council,
shall disclose such fact on the records of the city council and refrain from
participating in any discussion or voting thereon, provided that such
exceptions shall be observed as is permitted by law. This provision shall apply
if a council member has disqualified
himself or herself from voting.

(c) To
comply with this section, any member of any official board, commission or
committee who has a conflict of interest as defined herein, in any matter
before the board, commission or committee, of which he is a member, shall
disclose such fact on the records of such board, commission or committee and
refrain from participating in any discussion or voting thereon, provided that
such exceptions shall be observed as are permitted by law.

(d) To
comply with this section, a city employee shall notify in writing his
supervisor of any substantial interest he may have in a person, entity or
property which would be affected by an exer­cise of discretionary authority by
the city employee and a super­visor shall reassign the matter. In addition, any employee, who has a
financial or other special interest in a matter before the city council or any
board, commission, or committee, and who partic­ipates in discussion with or
gives an official opinion to the council or to such board, commission or
committee relating to such matter, shall disclose on the records of the council
or such board, commis­sion or committee, as the case may be, the nature and
extent of such interest.

(a) A
spouse of a city official or employee involved in a business with which he or
she is associated shall be deemed to apply to that official or employee for the
purposes of sections 2-84 and 2-85 concerning disclosure.

(b) A
city official or a city employee may not participate in a vote or decision
affecting a business with which an individual is associated if that individual
is related in the first or second de­gree of consanguinity or affinity. For the purposes of this section,
"business with which the individual is associated" shall be de­fined
in section 2-82.

(a) No
city official or employee shall wilfully and knowingly use confidential
information for pecuniary gain to any other person confidential information
acquired by him in the course of and by reason of his official duties, nor
shall any public official or em­ployee use any such information for the purpose
of pecuniary gain.

(b) No
former city official or former employee shall use any confidential information
to which he had access by virtue of his official capacity and which has not
been made public concerning the property, operations, policies, or affairs of
the city.

All city officials shall file with the city
clerk by the last Friday in March of each year, a public statement of financial
information which shall cover the previous year which is defined as January 1
through December 31, as follows:

(1) Any business or business interest as defined by section 2-82
in which the official is associated, as well as the names and addresses of the
clients or customers from whom the official received at least ten (10) per cent
of his, her or its gross income during the reporting period.

(2) Any bonds issued by the City of Norfolk having a value
exceeding five thousand dollars ($5,000.00). Said disclosure shall not require
the amount of bonds so held by the official, only that said official holds
bonds issued by the City of Norfolk in excess of five thousand dollars
($5,000.00).

(3) All boards of directors of which the official is a member and
the offices or executive positions which the official holds in corporations,
partnerships, limited partnerships, profes­sional corporations or other
entities, including non-busi­ness entities, stating for each the name of the
entity and the position held. There
shall be excluded from this item positions on corporations or other entities
owned by the City of Norfolk or created by the city council.

(a) Nonincumbent
candidates for election to city offices shall file a public statement of
financial information as provided by section 2-88 with the city clerk within
five (5) days after filing for their respective offices for the year prior to
the date of filing. Incumbent candidates
for election to city offices shall file a public statement of financial
information with the city clerk within five (5) days after filing for their
respective offices for the year prior to the date of filing; provided that if
such financial statement for the appropriate reporting period has already been
filed pursuant to section 2-88, such incumbent candidate shall not be required
to refile an identical statement.

(b) Incumbent
and nonincumbent candidates for election to city offices shall file the same
information as is required by city offi­cials under this chapter.

In addition to the penalty set forth in section
2-91 for a viola­tion of this chapter, complaints and alleged violations of
this chapter shall be handled as follows:

(1) In the case of city employees,
disciplinary action shall be maintained as provided in the city's personnel
rules as the same may from time to time be amended.

(2) In the case of city officials, upon the
complaint of any person filed with the city clerk's office or on its own
initiative, the city council shall consider possible violations of this
chapter.

(a) A complaint alleging a violation of this
chapter must be filed with the city clerk within one year from the commission
of the action alleged as a violation, and not afterward.

(b) Not later than five (5) working days
after the city clerk receives a complaint, the city clerk shall acknowledge the
receipt of the complaint to the complainant, and provide a copy of the
complaint to the city adminis­trator, the city attorney, and the city council
and the person complained against. Not
later than ten (10) working days after receipt of a complaint, the city council
shall notify in writing the person who made the complaint and the person
complained against of a date for a preliminary hearing.

(c) The city council may consider possible
violations of this chapter on its own initiative. Within five (5) working days of the city council's decision to
consider a possible violation of this chapter, the city council shall draft a
written complaint specifying the sec­tion(s) of this chapter alleged to have
been violated and shall file a copy with the city clerk, and provide a copy to
the city administrator, the city attorney and the person complained
against. Not later than ten (10)
working days after the filing of the complaint with the city clerk, the city
council shall notify in writing the person complained against of the date for
the prelim­inary hearing.

(d) The hearing before the city council may
be either in public or in private. All
hearings shall be in public, unless the person complained against shall notify
the city clerk in writing of his or her desire to have a private hearing at
least seventy-two (72) hours prior to the time set for said hearing.

(3) Preliminary hearing.

(a) The issue at a preliminary hearing shall
be the exist­ence of reasonable grounds to believe that a violation of this
chapter has occurred. The person filing
a com­plaint, or the legal counsel for the city council in cases considered
upon the city council's own initiative, shall state the alleged violation and
shall describe in nar­rative form the testimony and other evidence which would
be presented to prove the alleged violation as stated in the written
complaint. Statements at a pre­liminary
hearing shall be under oath, but there shall be no cross-examination or
requests for persons or ev­idence issued for the hearing. Members of the city council may question the
complainant, legal counsel for the city council, or the city official named in
the complaint.

(b) The city official named in the complaint
shall have the opportunity to respond, but is not required to attend or make any
statement. The official may describe in
nar­rative form the testimony and other evidence which would be presented to
disprove the alleged violation. If the
official agrees that a violation has occurred, he may so state and the city
council may consider the appropriate sanction or prosecution.

(c) The complainant and the city official
named in the complaint shall have the right of representation by counsel.

(d) At the conclusion of the preliminary
hearing, the city council shall decide whether a final hearing should be
held. If the city council determines
that there are rea­sonable grounds to believe that a violation of this chapter
has occurred, it shall schedule a final hearing.

If
the city council does not determine that there are reasonable grounds to
believe that a violation of this chapter has occurred, the complaint shall be
automat­ically dismissed. A decision to
conduct a final hearing is not a finding that a violation has occurred.

(e) The city council, at any time during the
preliminary hearing, may also dismiss a complaint if the complaint does not
allege conduct which would be a violation of this chapter. Before a complaint is dismissed for failure
to allege a violation, the complainant or the legal counsel for the city
council shall be permitted one op­portunity, within a period to be specified by
the city council, to revise and resubmit the complaint.

(f) The complainant, legal counsel for the
city council, and the city official named in the complaint may ask the city
council at a preliminary hearing to request certain persons and evidence for a
final hearing, if one is scheduled pursuant to the city council's subpoena
power granted under Section 16-406, N.R.S. 1943, as amended.

(4) Final hearing.

(a) The final hearing shall be held as
expeditiously as possible following the determination by the city council that
there are reasonable grounds to believe that a violation of this chapter has
occurred, but in no event shall it be held more than thirty (30) days after
said determination. The city council
may grant one post­ponement, not to exceed fifteen (15) days each, upon the
request of the city official named in the complaint or the complainant.

(b) The issue at a final hearing shall be
whether a viola­tion of this chapter has occurred. The city council shall make its determination based on the
preponderance of the credible evidence in the record. All witnesses shall make their statements under oath. If the city council determines that a
violation has occurred, it shall state its findings in writing, shall identify
the particular section(s) of this chapter which have been violated, and within
five (5) working days shall deliver a copy of the findings to the complainant,
if any, the person named in the complaint and the city clerk. Said findings shall constitute a public
record for the purpose of access by the public.

If a complaint proceeds to a final hearing, the
city council may subpoena witnesses to attend and testify, administer oaths and
affirmations, take evidence and request the production of books, papers,
records, or other evidence needed for the performance of the city council's
duties or exercise of its powers, including its duties and powers of
investigation. All hearings of the city
council under this chapter shall be recorded by means of a mechanical recording
device or by a certified court reporter.

(a) If
the city council determines that a violation of this chapter has occurred, it
shall proceed directly to determination of the appropriate sanction(s). The city council may receive additional
testimony or statements before considering sanctions, but is not required to do
so. If the city official named in the
complaint acted in reliance upon a public written opinion of the city attorney,
the city council shall consider that fact.

(b) If
the city council determines that a violation has occurred, it may impose the
following sanctions:

(1) A letter of notification shall be the appropriate sanction
when the violation is clearly unintentional, or when the official's conduct
complained of was made in reliance on a public written opinion of the city
attorney. A letter of no­tification
shall advise the official or employee to whom it is directed of any steps to be
taken to avoid future violations. The
city council may direct a letter of notification to any official or employee
covered by this chapter.

(2) A letter of admonition shall be the appropriate sanction in
those cases in which the city council finds that the viola­tion is minor and/or
may have been unintentional, but calls for a more substantial response than a
letter of notifica­tion. The city
council may admonish any official covered by this chapter.

(3) A reprimand shall be the appropriate sanction when the city
council finds that a violation has been committed in­tentionally or through
disregard of this chapter. The city
council may reprimand any official covered by this chapter.

(4) A letter of censure shall be the appropriate sanction when
the city council finds that a serious or repeated violation(s) of this chapter
has been committed intentionally or through culpable disregard of this chapter
by an elected city offi­cial. A letter
of censure directed to an elected city official shall be transmitted to the
city clerk, and published in a newspaper of general circulation within the
city.

For the purposes of sections 2-94 through 2-100 of this
division, "officer" shall mean a member of any board or commission of
the city which spends and administers its own funds, who is dealing with a
contract made by such board or commission; or any elected city official. For the purpose of sections 2-94 through
2-100, vol­unteer firefighters and ambulance drivers shall not be considered
officers with respect to their duties as firefighters and ambulance
drivers.

Except as provided by Sections 49-1499.01 and 70-624.04,
N.R.S., 1943, no officer may have an interest in any contract to which the city
or anyone for its benefit, is a party.
The existence of such an interest in any contract renders the contract
voidable by decree of a court of proper jurisdiction as to any person who
entered into the contract or took assignment thereof with actual knowledge of
the prohibited conflict. An action to
have a contract declared void under this section may be brought by the city or
any resident thereof, and must be brought within one year after the contract is
signed or assigned. The decree may provide
for the reimburse­ment of any person for the reasonable value of all money,
goods, material, labor or services furnished under the contract, to the extent
the city has benefited thereby. This
prohibition shall apply only when the officer or his or her parent, spouse or
child has a business association as defined by Section 49-1408, N.R.S., 1943,
as amended or will receive a direct pecuniary fee or commission as a result of
the contract.

The provisions of section 2-95 shall not apply if the
interested officer:

(1) Makes a declaration on the record to the governmental body
responsible for approving the contract regarding the nature and extent of his
or her interest, prior to official consideration of the contract;

(2) Does not vote on the matter of granting the contract, ex­cept
that if the number of members of the governmental body declaring an interest in
the contract would prevent the governmental body, with all members present,
from securing a quorum on the issue, then all members may vote on the matter;

(3) Does not act for the city, which is a party to the contract
as to inspection or performance under the contract in which he or she has an
interest.

An officer who has no business association as defined in
Section 49-1408, N.R.S., 1943, as amended with the business involved in the
contract or will not receive a pecuniary fee, as prescribed in section 2-95,
shall not be deemed to have an interest within the meaning of this
chapter.

The receiving of deposits, cashing of checks, and buying
and selling of warrants and bonds of indebtedness of the city by a financial
institution shall not be considered a contract under sec­tions 2-94 through
2-100 of this division. The ownership
of less than five (5) per cent of the outstanding shares of a corporation shall
not constitute an interest within the meaning of this sec­tion.

(1) Notwithstanding
the provisions of sections 2-94 through 2-100, if an officer's parent, spouse,
or child is an employee of the city, the officer may vote on all issues of the contract
which are generally applicable to all employees or all employees within a
classification and do not single out his or her parent, spouse, or child for
special action.

(2) If
an officer or employee has the power to employ personnel and he or she hires
his or her parent, spouse, or child, or recom­mends or supervises the same,
such officer or employee shall dis­close the hiring pursuant to section
14-1449.01 N.R.S. 1943, as amended; except, that if the parent, spouse, or
child is already employed in the position at the time the officer takes office
or the employee with the power to employ becomes employed, no disclo­sure need
be made.

Notwithstanding any other provision of this
section, any con­tract entered into with an interested officer of the city
shall be subject to applicable competitive bidding requirements and shall be
fair and reasonable to the city.

The city clerk shall maintain, separately from
other records, a ledger containing the information listed in subsections (1) to
(5) of this section about every contract entered into by the city in which an
officer or employee of the city has an interest and for which disclosure is
required under sections 14‑1499.01 or 49-14, 103.01, N.R.S. 1943, as
amended, and as provided in section 2-95 of this Code and for which disclosure
is made as provided in section 2-96 of this Code. Such information shall be kept in the ledger for five (5) years
from the date of the officer or employee's last day in office or on the job,
and shall include the following:

(1) Names of the contracting parties;

(2) Nature of the interest of the officer or employee in ques­tion;

(3) Date that the contract was approved by the city;

(4) Amount of the contract; and

(5) Basic terms of the contract.

The information supplied related to the contract shall be
pro­vided to the clerk no later than ten (10) days after the contract has been
signed by both parties. The ledger kept
by the city clerk shall be available for public inspection during normal working
hours.

An open account established for the benefit of the city or
entity thereof, with a business in which an officer has an interest, shall be
deemed a contract subject to the provisions of Sections 49­14,103.01 to
49-14,103.06, N.R.S., 1943, as amended and, sections 2-94 through 2-100. The statement required to be filed pursuant
to section 2-99 shall be filed within ten (10) days after such ac­count is
opened. Thereafter, the city clerk
shall maintain a run­ning account of all amounts purchased on the open
account. Pur­chases made from petty
cash or a petty cash fund shall not be subject to the provisions of Sections
49-14,103.01 to 49-14,103.06, N.R.S., 1943, as amended, and sections 2-94
through 2-100. (Ord. No. 3152, § 7,
9-7-83; Ord. No. 3220, § 8, 5-21-84; Ord. No. 3626, § 8, 2-21-89)

For the purposes of this
article, the following terms, phrases, words and their derivations shall have
the meaning given herein. When not
inconsistent with the context, words used in the present tense include the
future, words in the plural number include the singular number, and words in
the singular number include the plural number.
The word “shall” is always mandatory and not merely directory.

Bid shall mean and
include all bids and proposals.

City is the City of
Norfolk, Nebraska.

City
risk manager is the risk manager
of the City of Norfolk.

Contractual services
shall mean and include all telephone, gas, water, electric light and power
service, towel and cleaning service, insurance, lessee for all grounds,
building, office or other space required by the using agencies; and the rental,
repair or maintenance of equipment, machinery, and other city-owned property. The term shall not include professional and
other contractual services which are in their nature unique and not subject to
competition.

Supplies shall mean and
include all supplies, materials, and equipment.

Using agency is any
department, agency, commission, bureau, or other unit in the city government
using supplies or procuring contractual services as provided for in this
article.

The
risk manager shall be appointed by the city adminis­trator and under the
direction and control of the public safety director, and shall be responsible for the efficient conduct of his or her office. (Ord. No. 3078,
§ 3, 7-6-82; Ord. No. 3754, § 2, 11-5-90; Ord. No. 5080, § 4, 7-20-09; Ord. No.
5334, § 1, 2-2-15; Ord. No. 5479, § 2, 6-19-17)

(1) To purchase or contract for all supplies and contractual
services needed by any using agency which derives its support wholly or in part
from the city, in accordance with procedures as prescribed by city ordinance
and such rules and regulations as the risk manager shall adopt for the
internal management and operation of the purchasing functions;

(2) To procure for the city the highest quality in supplies and
contractual services at the least expense to the city; to discourage uniform
bidding and endeavor to obtain as full and open competition as possible on all
purchases and sales; and to establish and amend, when necessary, all rules and
regulations authorized by city ordinance and any others necessary to its
operations;

(3) To explore the possibilities of purchasing "in
bulk," so as to take full advantage of discounts; to procure for the city
all tax exemptions to which it is entitled; and to cooperate with the city
administrator or his or her duly authorized representative, so as to secure for the
city the maximum effi­ciency in budgeting and accounting;

(4) To prescribe and maintain such forms as shall be reason­ably
necessary to the operation of purchasing; to prepare and adopt standard
purchasing terms for city departments, divisions, agencies and suppliers; and
to prepare, adopt and maintain a vendor's catalog file according to materials;

(5) To classify all supplies used by the various departments,
divisions and agencies of the city, to adopt as standards the minimum number of
quantities, sizes and varieties of supplies consistent with the successful
operation of the municipal government; to prepare or cause to be prepared
written specifications of all such standard supplies;

(6) To have the authority to declare vendors who default on their
quotation irresponsible vendors and to disqualify them from receiving any
business from the municipality for a stated period of time;

(7) To keep informed on current developments in the field of
purchasing, prices, market conditions and new products, and secure for the city
the benefits of research done in the field of purchasing by other governmental
jurisdictions having national recognition and by private businesses and
organizations;

(a) All using agencies, departments or
divisions, either by or with the authorization of the agency, department or
division head under which they operate, shall file with the risk manager
detailed requisitions or estimates of their requirements in supplies, materials
and contractual services, in such manner, at such times, and for such future
periods as the risk manager shall
prescribe.

(b)
A using agency, department or division shall not be pre­vented from filing in
the same manner with the risk manager, at any time, a requisition or
estimate for any supplies and con­tractual services, the need for which was not
foreseen when the detailed estimates were filed.

(c)
The risk manager shall examine such requisition or estimate and shall have
the authority to revise it as to estimated cost; but revisions as to quality and
quantity shall be directly approved by the city administrator.

(d)
Purchases under seventy-five dollars ($75.00), not involving supply needs that can be
ordered in bulk, may be accomplished through the use of a minor supply
requisition.

Except
in cases of emergency, the risk manager shall not issue any order for
delivery on a contract or open market pur­chase until it has been certified,
after pre-audit, that there is sufficient unencumbered appropriation balance to
the credit of the using agency or department, in excess of all unpaid
obliga­tions, to defray the amount of such orders. (Ord. No. 3078, § 6,
7-6-82; Ord. No. 5080, § 4, 7-20-09; Ord. No. 5334, § 1, 2-2-15 )

Any
purchase order or contract within the purview of this article in which the
risk manager is financially interested, directly or indirectly, shall be
void, except that before the execu­tion of a purchase order or contract, the
city council shall have the authority to waive compliance with this section when
it finds such action to be in the best interest of the city.

The risk manager is expressly prohibited from accepting, di­rectly or
indirectly, from any person, company, firm or corpora­tion to which any
purchase order or contract is or might be awarded, any rebate, gift, money, or
anything of value whatsoev­er, except where given for the use and benefit of
the city. (Ord. No. 3078, § 8, 7-6-82; Ord. No. 5080, § 4, 7-20-09; Ord.
No. 5334, § 1, 2-2-15)

(a) When the estimated cost of supplies, equipment or contractual
services exceeds thirty thousand dollars ($30,000.00), no formal contract for
purchase or sale shall be authorized without prior approval of the city
council. All supplies, equipment, and
contractual services in this cate­gory shall be purchased or sold by formal
written contract, from the lowest responsible and responsive bidder, after due
notice inviting bids.

(b) Notice inviting bids shall be published once in at least one
official newspaper in the city and at least seven (7) days preceding the last
day set for the receipt of bids. The
notice shall include a general description of the articles to be purchased or
sold, and shall state where bid blanks and specifications may be secured, and
the date, time and place for opening bids.

(1) The
risk manager shall also endeavor to distribute bid
documents to responsible prospective suppliers of whom the risk manager may
be aware.

(2) The
risk manager shall also advertise all pending pur­chases
or sales by a notice posted on the public bulletin board in the city
administrative offices.

(c) When deemed necessary by the
risk manager, bid deposits shall
be prescribed in the public notice inviting bids. Un­successful bidders shall be entitled to a return of surety
required by the risk manager. Successful bidder shall forfeit his or her bid deposit upon failure on
his or her part to enter a contract within ten (10) days after the award.

(d) Bids shall be submitted sealed to the
risk manager and shall
be identified as bids on the envelope.
Bids shall be opened in public on the date and at the time and place
stated in the public notices. A
tabulation of all bids received shall be available for public inspection.

(1) The city council shall have the authority to reject all bids,
parts of all bids, or all bids for any one or more supplies or contractual
services included in the proposed contract, when the public interest will be
served thereby.

(2) The
risk manager shall not accept the bid of a contrac­tor
who is in default on the payment of taxes, licenses, or other monies due the
city.

(e) Contracts shall be awarded to the lowest responsible and
responsive bid­der. In determining
"lowest responsible bidder," in addition to price, the risk
manager shall consider:

(1) The ability, capacity, and skill of the bidder to perform the
contract required;

(2) The character, integrity, reputation, judgment, experience
and efficiency of the bidder;

(3) Whether the bidder can perform the contract within the time
specified;

(4) The quality of performance of previous contracts;

(5) The previous and existing compliance by the bidder with laws
and ordinances relating to the contract;

(6) The life-cost of the personal property in relation to the
purchase price and specific use of the item;

(7) The
performance of the personal property, taking into consideration any commonly
accepted tests and standards of product usability and user requirements;

(8) Energy efficiency ratio as stated by the bidder for
alternative choices of appliances or equipment;

(9) The information furnished by each bidder when deemed
applicable by the risk manager, concerning life-cycle costs between
alternatives for all classes of equipment, evidence of expected life, repair
and maintenance costs, and energy consumption on a per-year basis;

(10) Such other information as may be secured having a bearing on
the decision to award the contract.

A “responsive bidder” shall be
defined as a person or company who has submitted a bid which conforms in all
material respects to the “Invitation for Bids”.

(f) When the award is not given to the lowest
bidder, a full and complete statement of the reasons for placing the order
elsewhere shall be prepared by the risk manager and filed with other papers relating to the transaction.

(g) No contract in excess of thirty thousand dollars ($30,000.00) for
enlargement or general improvements, such as water extensions, sewers, public
heating system, bridges, works on streets, or any other work or improvement
when the cost of such enlargement or improvement is assessed to the property
shall be awarded by the city council until an estimate of the cost shall be
made by the city engineer and submitted to the council.

(h) Except in the case of tie bids, there shall be neither formal or
tacit local vendor's preference policies.
The city shall neither impose nor condone any bidding or procurement
policies that result in exclusionary or anti-competitive bidding or violate
state or federal antitrust laws. If all
bids received are for the same total amount or unit price, quality and service
being equal, the contract shall be awarded to a local bidder. Where there is no local bidder or when two
(2) or more local bidders are equal, the risk manager shall award the
contract to one of the tie bid­ders by drawing lots in public.

(i) The city, whenever applicable, may
purchase supplies, equipment, or services without the necessity of using the
formal bid requirements as set forth in this section by either:

(1) Purchasing
under a State of Nebraska contract; or

(2) Purchasing
the same supplies, equipment, or services from another vendor at or below the
purchase price of a State of Nebraska contract.

(3)
Purchasing under a contract or agreement compliant with the Interlocal
Cooperation Act where the acquisition cost of the item being purchased has been
established through a public procurement process.

(4)
Purchasing under a contract or agreement with a Joint Public Agency where the
cost of the item being purchased has been established through a public
procurement process.

(5)
Purchasing where the entire cost of the supplies, or services is one hundred
percent (100%) funded by a donation to the city for said supplies, equipment, or
services, and the following criteria are met:

a) the project utilizing said supplies, equipment, or services has been
approved by the city in advance of the donation to the city, and

b) the donor has requested that particular supplies, equipment, or
services be acquired by the city with the donated funds, and

c) the city, before accepting the donation, has considered the criteria
set forth in subsection (e) of this section and has declared that, having
considered the criteria set forth in subsection (e), it is in the best interest
of the city.

(a) When the estimated cost of
supplies, equipment or contractual services is less than thirty thousand dollars
($30,000.00), the purchase shall be made in the open market, without news­paper
advertisement and without observing the procedure pre­scribed for the award of
formal contracts and shall be referred to as open market purchases. All
such purchases shall be awarded by the risk manager.

(b) All open market purchases in an
amount greater than one thousand five hundred dollars ($1,500.00) but less than
thirty thousand dollars ($30,000.00) shall, whenever possible, be based on at
least three (3) competitive bids, and shall be awarded to the "lowest
responsible and responsive bidder," in accordance with the same criteria
established in this article for the formal contract procedure. All such
purchases shall be awarded by the risk manager.

(c)
All open market purchases greater than six hundred dollars ($600.00) and not
more than one thousand five hundred dollars ($1,500.00) may be acquired after solicitation of
three (3) informal bids and after being assigned a purchase order by the
risk manager or his or her designee. Purchases provided for under this
subsection should be made from the "lowest responsible and responsive
bidder," in accordance with the same criteria established in this article
for the formal contract procedure.

(d)
All open market purchases of six hundred dollars ($600.00) or less may be made
by utilizing open monthly purchase orders or by purchasing from available
sources without the necessity of a bid.

(e)
The risk manager may solicit open market bids by di­rect mail request to
prospective vendors, by public notice on the bulletin board of the city
administrative offices, by telephone, by facsimile transmission, by electronic mail or other
electronic means.

(f)
The risk manager shall keep a record of all open market orders, and the bids
submitted in competition thereon, and such records shall also be open to public
inspection.

(a)
In the event of an emergency which requires immediate purchase of supplies or
contractual services, the city administra­tor shall be empowered to authorize
the risk manager to secure by open market procedure as herein
set forth,
at the lowest obtainable price, any supplies or contractual services.

(b)
An "emergency" shall be defined as any event which inter­rupts the
normal administration of municipal services, thereby jeopardizing the life,
health or convenience of citizens.

(c)
Should an emergency situation arise on a weekend or holi­day, and where it is
not possible or convenient to reach the risk manager, any purchase necessary
shall be made by the department in charge and such purchase reported to the risk
manager without delay.

(d)
A report of the circumstances of an emergency purchase shall be filed by the
risk
manager with the city administra­tor.

(a)
The risk manager shall inspect, or supervise the in­spection of, all
deliveries of supplies or contractual services to determine their conformance
with the specifications set forth in the order or contract.

(b)
The risk manager may authorize using agencies, divi­sions or departments
having the staff and facilities for adequate inspection to inspect all
deliveries made to such agencies, divi­sions or departments, under rules and
regulations which the risk manager shall prescribe.

(c)
The risk manager may require chemical and physical tests of samples
submitted with bids and samples of deliveries which are necessary to determine
their quality and conformance with the specifications. In the performance
of such tests, the risk manager shall have the authority, to make use of
labora­tory facilities of any agency of the city government or any outside
laboratory.

It
shall be the responsibility of the risk
manager to super­vise the
preparation and maintenance of a current inventory of all real and personal city
property having a value of one hundred fifty dollars ($150.00) or more. Periodic
checks will be made by the risk
manager to ensure reliability.

All agencies and
departments shall submit to the risk
manager, at such time and in such form
as he or she shall prescribe, re­ports showing stocks of all supplies which are
no longer used or which have become obsolete, worn out or scrapped.

The
risk manager shall have the authority to sell or dispose of all surplus
supplies and equipment of less than thirty thousand dollars ($30,000.00) in
value which have become unsuitable or unnecessary for public use. The
risk manager shall sell or dispose of the property by any method which is
most advantageous to the city, including auction, sealed bid, private or public
sale, or trade-in for other property. All sales of equipment or supplies
of thirty thousand dollars ($30,000.00) or more in value shall require the prior
approval of the mayor and city council.

Insofar
as the sale or purchasing procedures of this policy are concerned, the following
authority structure shall apply:

(1)
Every city employee shall requisition for supplies, equip­ment or services only
with the written approval of the employee's department or division head or duly
authorized representative;

(2)
After obtaining the written approval of the department or division head, the
employee shall forward the information regarding the proposed purchase or sale
to the risk manager. The
risk manager shall determine the
disposi­tion of the proposed purchase or sale according to the pro­cedures and
authority specified in this article;

(3)
Any city employee who desires to appeal a decision of the risk
manager shall
appeal only to the city administra­tor, unless the city administrator
determines that the final decision should rest with the mayor and city council
and be determined in public session, his decision in all cases shall be final;

(4)
No city employee shall circumvent that prescribed author­ity structure of this
policy without permission of the city administrator.

Insofar
as the authority of the risk manager is concerned, this policy shall not
apply to construction contracts for special improvement districts nor to state
or federally funded programs that mandate a different contracting procedure, nor
to contracts for legal services.

(a) Police and Fire. The Civil Service Act shall apply
to all present full-time firefighters or full-time police officers of the city,
including any paid full-time police or fire chief of such department, and future
appointees to such full-time positions. Full-time police officers shall
mean police officers in positions which require certification by the Nebraska
Law Enforcement Training Center, who have the power of arrest, who are paid
regularly by the city, and for whom law enforcement is a full-time career, but
shall not include clerical, custodial or maintenance personnel. Full-time
firefight­ers shall mean duly appointed firefighters who are paid regularly by
the city and for whom firefighting is a full-time career, but shall not include
clerical, custodial or maintenance personnel who are not engaged in fire
suppression.

(b) Public Safety Director

(1) In
addition to the positions that are required to be covered by the Civil Service
Act, there is also created a public safety director position which shall be
subject to the provisions of the Civil Service Act as the same may be modified
by the mayor and council or by the Civil Service Commission for applicability to
the public safety director position. Full-time public safety director
shall mean a duly appointed public safety director who is paid regularly by the
city and for whom public safety director is a full-time career, but shall not
include clerical, custodial or maintenance personnel.

(2) The
public safety director shall have direct control and supervision of the police
chief, fire chief, and risk manager and shall be accountable for the faithful
discharge of his or her duties. The powers conferred upon the public
safety director shall at all times be subject to the mayor and council.

(3) The
public safety director shall be appointed by the city administrator and under
the direction and control of the city administrator, and shall be responsible to
the city administrator for the efficient conduct of his or her office.
Notwithstanding the creation of a public safety director position by the mayor
and council, the city administrator shall be the appointing authority for all
police and fire positions covered by the Civil Service Act.

(4) All
appointments to the position of public safety director shall be made solely on
merit, efficiency and fitness, which shall be ascertained by open examination
and impartial investigation by the commission. Appointments shall mean all
means of selecting, appointing or employing any person to hold the position of
public safety director subject to the provision of the Civil Service Act as set
forth herein. Demotion shall mean changing from one position to another,
accompanied by a corresponding change in current rate of pay. Position
shall mean an individual job which is designated by an official title indicative
of the nature of the work. Discipline and/or termination of the public
safety director shall be according to the provisions of the Civil Service
Commission rules made applicable to the public safety director position by this
section.

The Civil Service Act shall not be construed to
infringe upon the power and authority of the mayor and council to establish
sala­ries and compensation of all employees within the compensation schedule or
ranges established by the mayor and council for the positions.

No treasurer, auditor, comptroller or other officer or
employee of the city shall subject to the Civil Service Act approve the payment
of or be in any manner concerned in paying, auditing or approving any salary,
wage or other compensation for services to any person subject to the
jurisdiction and scope of the Civil Ser­vice Act unless the person to receive
such salary, wage or other compensation has been appointed or employed in
compliance with such act.

The mayor and council shall provide the commission with
suit­able and convenient rooms and accommodations and cause the same to be
furnished, heated, lighted, and supplied with all office supplies and equipment
necessary to carry on the business of the commission and with such clerical
assistance as may be neces­sary. It
shall be the duty of the city to appropriate each fiscal year, from the general
funds of the city, a sum of money sufficient to pay the necessary expenses
involved in carrying out the pur­poses of such act, including, but not limited
to, reasonable at­torney's fees for any special counsel appointed by the
commission when the city attorney is not authorized by the mayor and city
council to represent the commission.
The mayor and city council may establish the hourly or monthly rate of
pay of such special counsel. The city
shall afford the commission, its members and employees all reasonable
facilities and assistance to inspect all books, papers, documents and accounts
applying or in any way appertaining to any and all positions and employments
subject to civil service and shall produce such books, papers, documents and
accounts. All city officers and
employees shall attend and testify whenever required to do so by the
commission, the ac­cused or the appointing authority.

No person holding any position subject to civil service
shall be under any obligation to contribute to any political fund or to render
any political service to any person or party whatsoever. No person shall be removed, reduced in
position or salary or otherwise prejudiced for refusing to do so. No public officer, whether elected or
appointed, shall discharge, promote, demote or in any manner change the
official rank, employment or compensation of any person under civil service, or
promise or threaten to do so for giving, withholding or neglecting to make any
contribution of money, services or any valuable thing for any political
purposes.

There is hereby created in the city, a civil service
commission which shall have three (3) members who shall each be a citizen of
the United States, a resident of such city for at least three (3) years
immediately preceding such appointment, and an elector of the county wherein
such person resides.

The members of the civil service commission shall be
appointed by the mayor and approved by the city council. At the time of any appointment, not more
than two (2) members of the civil service commission, including the one or ones
to be appointed, shall be registered electors of the same political party. Confirmation of the
appointment(s) by any
other legislative body shall not be required.

The first persons appointed to the civil service commission
shall serve for terms of two (2) years, four (4) years, and six (6) years,
respectively. Thereafter, all
appointments shall be for six (6) years.

Any member of the civil service commission may be removed
from office for incompetency, dereliction of duty, malfeasance in office, or
other good cause by the mayor with the approval of the city council, except
that no member of the civil service commis­sion shall be removed until written
charges have been preferred, due notice given such member, and full hearing had
before the mayor and city council.

The civil service commission shall appoint a secretary and
a chief examiner who shall keep the records of the commission, preserve all
reports made to it, superintend and keep a record of all examinations held
under its direction, and perform such other duties as the commission may
prescribe. The commission may merge the
positions of secretary and chief examiner and appoint one person to perform the
duties of both positions. The commis­sion
shall appoint the city's personnel officer as secretary and chief examiner, if
requested to do so by the city administrator.
The secretary and/or chief examiner of the civil service commis­sion may
be removed from office for incompetency, dereliction of duty, malfeasance in
office, or other good cause by the mayor, with the approval of the city
council, except that the secretary and/or chief examiner shall not be removed
until written charges have been preferred, due notice given such person, and a
full hearing had before the mayor and city council.

The commission shall adopt and promulgate procedural rules
and regulations which shall detail all matters assigned to it by the mayor and
city council or city administrator. At
least one copy of the rules and regulations, and any amendments, shall be made
available for examination and reproductions by members of the public. One copy of the rules and regulations, and
any amend­ments, shall be given to each full-time firefighter and full-time
police officer.

All appointments to and promotions in the police
or fire de­partment shall be made solely on merit, efficiency and fitness,
which shall be ascertained by open competitive examination and impartial
investigation by the commission.
Appointments shall mean all means of selecting, appointing or employing
any person to hold any position or employment subject to civil service. Pro­motion or demotion shall mean changing
from one position to another, accompanied by a corresponding change in current
rate of pay. Position shall mean an
individual job which is designated by an official title indicative of the
nature of the work.

An applicant for a position of any kind under
civil service shall be able to read and write the English language, meet the
mini­mum job qualifications of the position as established by the city
administrator, and be of good moral character.
An applicant shall be required to disclose his or her past employment
history and his or her criminal record, if any. Prior to certifying to the city administrator the names of the
persons eligible for the position or positions, the commission shall validate
the qualifications of such persons.

(a) Establishment. There is hereby
established a reduction in force policy for all employees of the City of
Norfolk. This policy is being adopted
after having:

(1) Considered the recommendation of the Norfolk Civil Ser­vice
Commission on such policy;

(2) Given reasonable notice to each employee of the time, date
and location of a public hearing on the policy; and

(3) Conducted said public hearing in accordance with the noti­fication
provided to each city employee.

(b) Factors. An employee who has successfully fulfilled
the probationary period for the position which he or she holds, will be removed
from the city payroll only after any probationary employees in the same
position have been removed. In the
event there are no such probationary employees, or if further reduction is to
occur after removal of probationary employees, then the following factors shall
be considered for a reduction in force:

(1) The employment
policies and staffing needs of the depart­ment or division together with the
contracts, ordinances and statutes related thereto;

(2) Required federal, state, or local certifications or licenses;

(3) The multiple job skills recently or currently being per­formed
by the employee;

(4) The knowledge, skills, and abilities of the employee;

(5) The performance appraisal of the employee including any
recent or pending disciplinary actions involving the employee;

(6) Seniority;

(7) Such other factors as may be determined to be relevant under
the facts and circumstances of such reduction in force.

Theses factors may be documented or supported by employee
evaluations, disciplinary actions, employee files, commendations, documented
training, citizen reports, and other verifiable com­ments or data relevant to
the factors to be considered.

(c) Weighting
of factors. Equal weight shall be
accorded to each of the foregoing factors.

(d) Determination. Prior to the termination of any employment
due to a reduction in force, the department head or division head of the
department or division in which the reduction is to occur shall meet with the
city administrator for the purpose of deter­mining which employee or employees
should be terminated, tak­ing into consideration the factors described above.

They shall first determine the class in which
the reduction is to occur, and then they shall apply the factors to each
employee within that class, and determine which employee or employees should be
terminated.

If an employee class other than entry level is
selected for the reduction in force, the process used shall be applied to the
class selected and all other subordinate classes within the division.

(e) Notification. When it has been determined that an employee
is to be terminated due to a reduction in force, he or she shall be notified in
writing by the department or division head of:

(1) The fact that his or her employment is being terminated due
to a reduction in force;

(2) The effective date of the termination;

(3) The reason that such employee was selected for a reduc­tion
in force; and

(4) The employee's right to appeal the action taken to the
Norfolk Civil Service Commission if the employee is a police officer or
firefighter; or to the mayor and city coun­cil, as a governing body, for any
other employee, to be represented by an attorney, and to confront and
cross-examine available adverse witnesses at such hearing.

(f) Effective
date. No reduction in force as to
any employee shall be effective until fourteen (14) days have elapsed from the
time such employee has been notified in writing that his or her employment is
being terminated due to a reduction in force.

(g) Appeal. An employee whose employment is terminated
due to a reduction in force shall have the right to appeal such action to the
Norfolk Civil Service Commission (for a police officer or firefighter) or to
the mayor and city council, as a governing body, (for all other employees),
which shall proceed to hear such matter as in other cases. The general rules pertaining to appeals of
other matters to the commission (or mayor and city council, as a gov­erning
body,) under this article shall prevail.
The commission (or mayor and city council, as a governing body,) in
considering the matter, shall determine whether the department head, division
head and city administrator fairly and reasonably applied the factors described
above and acted from honest convictions with­out any ill will, fraud,
collusion, or other such improper motives.

(h) Reinstatement. Within two (2) years following the effective
date of the reduction in force, any person terminated solely be­cause of the
reduction in force shall be afforded an opportunity for reinstatement to the
same position from which the termina­tion occurred or a position below the
former position, provided that the person is qualified to perform the duties of
the position and such reinstatement would be in the best interest of the city.

The public information contained herein
is furnished as a public service by the City of Norfolk. The official
record is maintained by the City Clerk's Office as required by Neb. Rev.
Stat. § 16-317. A printed version of the Norfolk Municipal Code is
available at the City Clerk's Office and the Norfolk Public Library.